Federal Court of Australia
FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE – appeals – application for leave to appeal from interlocutory orders dismissing motion that certain paragraphs of an amended statement of claim be struck out – whether primary decision attended with sufficient doubt or disclosed an error of principle or caused a substantial injustice that warranted leave to appeal. PRACTICE AND PROCEDURE – application for extension of time to serve notice of motion seeking leave to appeal Federal Court Rules: O 52 r10(b), O 11 r2(a) Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 - followed Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 - followed Bank of New Zealand v Spedley Securities Ltd (in liq) (1992) 27 NSWLR 91 - followed AUSPINE LIMITED v H S LAWRENCE & SON PTY LTD & ANOR SG 28 of 1997 VON DOUSSA, MANSFIELD & GOLDBERG JJ ADELAIDE 24 JULY 1998
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SG 28 of 1997
on appeal from his honour justice o'loughlin
BETWEEN: AUSPINE LIMITED
Applicant
AND: H S LAWRENCE & SON PTY LTD and EMAIL LIMITED
Respondents
JUDGEs: von doussa, mansfield & goldberg jj
DATE OF ORDER: 24 july 1998
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. Leave is granted to the respondents pursuant to O 52 r10(2)(b) of the Federal Court Rules extending the time to serve the notice of motion seeking leave to appeal to 22 April 1998. 2. The application for leave to appeal from the judgment and orders of O'Loughlin J given and made on 31 March 1998 is refused. 3. The respondents pay the applicant's costs of the motion. Note: Settlement and entry of orders is dealt with in O 36 of the Federal Court Rules
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SG 28 of 1997
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